Archives for May 2013

Protect Your Assets from Lawsuits

Think before you set one of these traps. Photo by Stephen M. Vantassel

Consider the following situation. You are called to remove raccoons from inside an attic. After finding an entrance hole, you decide to make a blind set with a 220 conibear-style trap. While filling out the paperwork, you remind the owner about the dangers of the trap and tell her to keep her children away. Later that night your phone rings. It turns out that a five-year old liked the trap and decided to “handle it”. Sure enough, the trap snapped and severely injured his left arm. The child’s mom is extremely upset and informs you in no uncertain terms that you will meet again in court. A few days later you are informed that you are being sued and her lawyer is one of those ‘TV injury jocks’. Six months later you find yourself looking for an apartment because she won your house.Sound far-fetched? Perhaps, but in our increasingly litigious society, businesses and individuals are being sued for less and winning big compensatory damages. The question is: Are you prepared for the possibility of being sued? Now a days, it is not a question of if you will be sued but when you will be sued. So in light of this hostile business environment, it is paramount that you enter the animal control business (ADC) fully aware of the financial risks, not just the rewards of owning your own business.

First, you should understand that there is a difference between being sued and losing the suit. Anyone can sue anyone for almost anything. The fact is there is no sure-fire way to protect yourself from being sued, except perhaps becoming a hermit or killing yourself. Even in those cases you can still be sued for abandoning responsibilities or in the case of death, your estate being sued for possible damages which occurred during your death. What you can do is reduce the chances of being sued and limit the amount of your assets that can be used to settle a suit. Reducing your liability is the topic of another article. This article seeks to address the second issue of how to protect your assets in the event you are sued (Note I am not a lawyer, always consult a qualified attorney before acting).

How you protect your assets depends upon the type of business you are running. The most common kind of ADC business is called the ‘sole proprietor”. This kind of business is often chosen by many people because it is inexpensive and easy to set up. Under this form of business, you, the worker, are the company. The problem with running your business as a sole proprietor is that there is no distinction between you the individual and the job you are doing. In other words, whatever you do as an animal controller you are doing as the owner of a house, car and savings account. So if someone wins a suit against you they can go after all your assets, not just your traps or the truck. There are three methods sole proprietors can use to protect assets.

Protection Method #1.

The first is called the poverty defense. If you are poor and don’t have any real money then you can’t be successfully sued. The problem with this approach is that it lacks professionalism (what happens if you really were at fault, you won’t be able to fix the damage?). If a judgment is successful against you, it stays in force for twenty years. Thus even if you don’t have money now, the money could be collected within twenty years. Even if you are willing to wait for the statute of limitations to run out, who wants the notoriety or the trouble of looking over your shoulder all the time? Obviously, the poverty defense isn’t a very responsible way to protect your assets.

Protection Method #2.

The second defense consists of obtaining liability insurance. Liability insurance works on the deeper pockets theory. By having an insurance policy the plaintiff (the person suing you) will go after the insurance company rather than you and your house. This assumes of course that you have enough insurance to handle the damage and penalties. Talk to your insurance agent and lawyer to help determine how much protection you need for it will vary from state to state and by how much and what kinds of work you do. Obviously, if you work on houses worth 250,000 dollars it might be proper to have insurance that will at least replace the house should something happen.

Protection Method #3.

The third defense, which can be used in conjunction with the second, relies on putting all your assets in your spouse’s name. This is really a variation of the poverty defense. By placing your assets in someone else’s name, the plaintiff’s lawyer can’t go after them because they aren’t yours. The key to this defense is that you place the assets in the other person’s name before any suits are brought against you. Otherwise, a lien can still be placed against the assets. Before you do anything drastic, keep two things in mind. How good is your marriage? Once you transfer assets to someone else, like your spouse, you have given up control. So in any divorce settlement, you will have trouble getting at those assets. The second concern is how much liability does your spouse have? If her work is in a field where a great deal of suits are brought then it might be better not to transfer assets. It does no good to transfer assets to someone else who has as much risk as you do.

Protection Method #4.

To help better protect your assets from liability lawsuits, lawmakers have made provisions for people to create a legal entity called a corporation (Incorporation) or Limited Liability Company (LLC). By incorporating or forming a LLC, you create a company that has its own existence apart from you. Thus you become an employee of the corporation or have the shield of the LLC. So if someone wants to sue, they can only sue the corporation/LLC not your personal assets. Unfortunately this protection comes at a price both in fees and paperwork, albeit worth it given the protections they provide. You can visit LegalZoom.com for details on how to set get incorporated or form a LLC.

Incorporating or creating a LLC will provide you with a significant amount of protection, but not 100% protection. Failure to adhere the following guidelines can cost you dearly. First, incorporating will only protect you when you are operating within the incorporation’s charter. The charter describes what sort of business you will be involved in. For example, if your charter says, “Trap All Company will be involved in animal removal” and you begin to re-floor houses, than your incorporation won’t protect your work as a floorer. This is why most charters are broadly written to include all lawful business practices. This wording allows the owner flexibility to grow the business into any area he or she desires. Second, you must ensure that clients understand that they are hiring a company and not an individual. Payments should be made in the name of the corporation, not to you personally. When you have incorporated, you should never say, “I personally stand behind this work”. That kind of talk blurs the distinction between you and the corporation. Once that barrier is blurred a lawyer can use that information to “pierce the corporate veil” and go after your personal assets. Third, incorporating will not protect you from the liability arising from criminal activities, such as tax evasion. By the way, if you make your spouse the corporate treasurer and the IRS accuses your business of fraud, your spouse will be personally liable.

Other Options

Aside from incorporating or insurance, your state may offer other ways to protect your assets from liens. For example, Massachusetts has a homestead law. If you declare your home a homestead then the house is insured against foreclosure. I strongly recommend that you talk to your attorney to see if this law or others like it exist in your state. For in my state, it is an inexpensive one-time fee for such an important safeguard.

If you are feeling overwhelmed and/or worried, you should. Liability is one of the risks and headaches that arise from being self-employed. However, talking with a qualified lawyer (namely one familiar with business law) before anything happens is your next first step. The second step is following his/her advice. Taking the necessary precautions now can go a long way in protecting the property you worked so hard and long to accumulate.

About the Author

Stephen M. Vantassel is a certified wildlife control operator who helps individuals, businesses, and agencies resolve wildlife damage issues through training, writing, expert witness, and research. His latest books are the Wildlife Damage Inspection Handbook, 3rd edition and The Practical Guide to the Control of Feral Cats. He can be contacted at wildlifecontrolconsultant at gmail dot com.

If you would like your publication, video, or product reviewed, please contact the author at the e-mail above.

Copyright

All postings are the property of Stephen M. Vantassel and Wildlife Control Consultant, LLC. Text (not images) may be reprinted in non-profit publications provided that the author and website URL is included. If images wish to be used, explicit and written permission must be obtained from Wildlife Control Consultant, LLC.

Canada has been one of the international leaders in developing trapping best practices for trapping. This fact is understandable given that its trapping heritage spans all the way back to the 17th century with the French fur trade.

Canid Trapping and Management is actually an advanced course. It assumes that readers have already undergone the FTGQ’s basic trapping course. Nevertheless, the book contains enough detail that anyone with basic familiarity with trapping will not feel too overwhelmed.

The text divides the training into five chapters. After explaining the goals of the training in the introduction, chapter 1 reviews the biology of foxes, coyotes, and wolves. The biological information is not complete, however, as Fournier only focusses on biological information important for trapping success, such as marking behavior, sign, habitat selection, diet, etc. Chapter 2 reviews equipment and its preparation. Great attention is paid on foot traps designed to meet international humane standards as well as how to set some of the more unusual traps. Two of the traps mentioned, namely the Belisle Selectif and the Rudy Redwolf, I had never heard of before. Snares and their parts were also discussed in great detail.

Chapter 3, Attractants, was the most valuable chapter in my opinion. The level of scientific detail contained in this chapter will dispel any thought that more lure must be better. Readers will learn why urine is so important as well as how to identify quality urine. If nothing else, this chapter will save canine trappers plenty of money by reducing the misuse of lure. Do-it-yourselfers will find the description of lure preparation and suggested recipes helpful.

Techniques for the capture of canids is presented in chapter 4. Fournier spends a lot of time on site selection as well as proper bedding and positioning of traps. The chapter is fairly balanced between the setting of foot-traps and snares. The suggestions on using traps in deep snow to take advantage of canid behavior is particularly noteworthy such as the hillock method.

The book concludes with skinning and pelt handling. The level of detail is remarkable. The author explains how to avoid common errors (green stomach and freezer burn) along with a review of fur grading. While nothing beats hands-on experience, the text and photos in this book are a close second.

It is difficult to find sufficient superlatives to describe this book. Though contains a few typos, the quality of the layout, artwork, information, and photos make it well worth the price. I believe this text presents a standard that American trapping organizations should seek to match.

To order the PIGEC manual, send an e-mail to ftgq@ftgq.qc.ca. In the e-mail, include your complete address and the quantity of each manual desired. They in turn will send you a PayPal invoice that includes the price of the book ($63.00) and the shipping fees (all in Canadian dollars).

About the Author

Stephen M. Vantassel is a certified wildlife control operator who helps individuals, businesses, and agencies resolve wildlife damage issues through training, writing, expert witness, and research. His latest books are the Wildlife Damage Inspection Handbook, 3rd edition and The Practical Guide to the Control of Feral Cats. He can be contacted at wildlifecontrolconsultant at gmail dot com.

If you would like your publication, video, or product reviewed, please contact the author at the e-mail above.

Copyright

All postings are the property of Stephen M. Vantassel and Wildlife Control Consultant, LLC. Text (not images) may be reprinted in non-profit publications provided that the author and website URL is included. If images wish to be used, explicit and written permission must be obtained from Wildlife Control Consultant, LLC.

Explaining Risk to Customers

Explaining risk to your clients is perhaps one of the most difficult activities wildlife control operators are involved in. Not only is the topic difficult explained but you also run the risk of exposing you in your company to liability. Concretely, how do you balance the need to get your clients attention with the danger of scaring the living daylights out of them?

The solution to this difficult problem is to employee a multifaceted approach. First, you must have a clear grasp of the nature of risk. Risk can be described in the following equation risk equals chance of occurrence times severity of incident. To provide an example, the risk of driving a car involves several variables, 1. What is the likelihood of you being in an accident? Multiplied by 2. The likelihood of you suffering death or severe injury. In wildlife control operator work, the risk that this bat has rabies is a function of the percentage likelihood of that being rapid times the risk of potential injury. But as you know would rabies while the incidence is low the severity is high being that death.

The second element of explaining risk is to have clarity about the relative risks involved. This is perhaps the most difficult element of the risk dilemma. There are just too many variables to account for to have any level of certainty. For example how severe is the potential disease risk posed by bat guano in an attic? In most situations is probably quite low. But for people who have low immune systems or cracks in the ceiling or will be going up in disturbing the attic looking for Christmas gifts, the risk can be quite high. Nevertheless, this essential that you as a professional grasp the potential risks your client faces.

The third task is to be able to explain the risk to your client and in a way that they can understand. The challenge is that clients want 100% certainty. And certainty is something wildlife control operators can rarely give. When I ran a wildlife control company, I rarely spoke in definitive or absolute terms. Too often I found that wildlife make liars of us all. Now I don’t want to overstate the case. Raccoons don’t fly beavers don’t climb but we should be cautious of becoming arrogant in regards to what wildlife would or would not do in most circumstances. With that caveat in mind, I try to provide a mental image for clients to show that there are different levels of certainty. I usually tell a story or ask a question such as when I am dealing with clients fear about whether a skunk will spray or not I usually respond by saying, “Probably not.” When the client does not look happy with this answer I provide the following illustration. I asked them, “Do you know your neighbor?” They usually respond, “Yes.” I then asked them, “Do you think your neighbor will rob you tomorrow?” They usually respond, “No.” I then respond, “But are you sure?” My point being is that even though the likelihood that their neighbor will not rob them tomorrow is low, the chances of their neighbor robbing them, still exists. In like manner my certainty regarding the behavior of a skunk is very secure. But it’s not 100% guaranteed.

Much more can be said about explaining risk, but I hope the aforementioned tips will help you. Just keep in mind, be careful what you say, as wildlife can make a liar of out of us all.

About the Author

Stephen M. Vantassel is a certified wildlife control operator who helps individuals, businesses, and agencies resolve wildlife damage issues through training, writing, expert witness, and research. His latest books are the Wildlife Damage Inspection Handbook, 3rd edition and The Practical Guide to the Control of Feral Cats. He can be contacted at wildlifecontrolconsultant at gmail dot com.

If you would like your publication, video, or product reviewed, please contact the author at the e-mail above.

Copyright

All postings are the property of Stephen M. Vantassel and Wildlife Control Consultant, LLC. Text (not images) may be reprinted in non-profit publications provided that the author and website URL is included. If images wish to be used, explicit and written permission must be obtained from Wildlife Control Consultant, LLC.

Backyard Wildlife: Wild Turkey

(Scientific Name Meleagris gallopavo)

Wild Turkey. Photo by Stephen M. Vantassel

Chances are most of the readers of this blog don’t have turkeys visiting their backyard. However, if we were living a mere fifty years ago, the chances that any of us would have seen a wild turkey would have been pretty close to zero. At one time, wild turkeys were extirpated from large areas of their original range in the U.S. This decline in turkey populations resulted from unregulated hunting, habitat destruction and even the civil war. With greater awareness of the environment and stricter oversight, the turkey has returned to all of its original range. Turkeys can be found in all the lower 48 states and Hawaii. More locally, institutions such as the Division of Fisheries and Wildlife and the sportsmen and women who care about game animals have successfully returned the turkey to healthy population levels. The turkey is a prime example of how scientific wildlife management can work for the betterment of our environment.

When we learn a little more about the wild turkey, it is easy to understand why Benjamin Franklin wanted this animal to be the symbol of our country. While domesticated turkeys are pretty dumb, the same cannot be said of its wild counter part. Wild turkeys have excellent vision and hearing as any turkey hunter will confirm. They are a majestic bird and good eating. Their preferred method of fleeing danger is running where they can attain speeds of 12 mph. However, if necessary they can take to flight at speeds of up to 55 mph.

Male turkeys, called toms or gobblers, are easily distinguished from their female counterparts. Like most male birds, their colors are brighter and more expressive. Male turkeys can exhibit colors ranging from rust to green to golden. Female coloration, by contrast, tends to be a dull brown. Toms are also distinguishable by their larger size. Their average weight is 18-22 lbs, which is about twice as much as an average female. Dominant males have the privilege of mating with a large harem of hens (female turkeys). Non-dominant males just have to stand around. They are not allowed to mate because the dominant male won’t let them. With this sort of sexual pecking order, God ensured that the strongest males were siring the next generation of turkeys. Thus ensuring a better chance of the species survival. Mating occurs during the spring with the males putting on quite a show to attract females. Toms will strut, show off their plumage and make vocalizations. The gobble that is so recognizable is actually a mating call. However, you should know that a total of 28 calls have been identified. They range in meaning from let’s make little turkeys to flee there is danger here.

Two weeks after mating, females will lay about 12 eggs. The eggs are about the size of chicken eggs and have dark brown speckles on them. Unlike other birds, turkeys lay their eggs on the ground. The nest is typically little more than a scratched depression with a few leaves in it. Twenty eight days later the clutch (batch of turkey eggs) hatch. The young, called “poults”, will leave the nest quickly after hatching. In a few days they quickly learn how to catch insects. In one to two weeks, the poults can actually fly short distances. After 6 weeks of development, the poults begin eating plant material. It is estimated that only 35% of all the turkey nests ever hatch young. Predation by raccoons and opossums take a heavy toll on eggs. Of the eggs that hatch only 50% of the poults survive to maturity. It must be remembered that nature is a life and death struggle of tooth and claw.

Adult turkeys eat a wide variety of foods. This is to be expected since the best turkey habitat is a mixture of woods and fields. Turkeys eat grapes, blackberries, beechnuts and acorns, grains, grasses, ferns and insects. They also have been known to eat snakes, frogs, lizards, salamanders and crabs. Note that turkeys are not scavengers. They don’t eat dead animals like an eagle would. I understand that it was the eagle’s propensity to eat dead animals that turned Benjamin Franklin against the eagle as the national symbol.

The best time to look for turkeys is early morning or late afternoon. It seems these are the times they like to forage. Don’t forget to look for them in trees. They do roost in trees during the night time and when they flee danger. I would suggest binoculars because turkeys are a cautious bunch. They won’t let you get too close.

If you would like to learn more about wild turkeys I would suggest you visit the National Wildlife Turkey Federation website at http://www.nwtf.org/. Next time someone calls you a turkey, ask him do you mean a wild turkey or a domesticated turkey. If he says, “What is the difference?”. You will now be able to tell him.

About the Author

Stephen M. Vantassel is a certified wildlife control operator who helps individuals, businesses, and agencies resolve wildlife damage issues through training, writing, expert witness, and research. His latest books are the Wildlife Damage Inspection Handbook, 3rd edition and The Practical Guide to the Control of Feral Cats. He can be contacted at wildlifecontrolconsultant at gmail dot com.

If you would like your publication, video, or product reviewed, please contact the author at the e-mail above.

Copyright

All postings are the property of Stephen M. Vantassel and Wildlife Control Consultant, LLC. Text (not images) may be reprinted in non-profit publications provided that the author and website URL is included. If images wish to be used, explicit and written permission must be obtained from Wildlife Control Consultant, LLC.

Book review: animal control management: a new look at a public responsibility. By Stephen Aronson. West Lafayette, Indiana: Purdue University press, 2010. 400 pages.

When I requested to review this book, I thought it dealt with wildlife damage control. The cover showed a coyote and so I assumed that the phrase “animal control management” was referring to wildlife. Upon reading the book, I quickly realized that my preconception was wrong. This text delves into animal control as in dog catcher or animal control officer hired by your local community.

The back cover says Aronson was a government official at both the local and state level and had extensive experience in animal control programs. And the book proves that statement’s truthfulness. The book is quite detailed as suggested by its 400 page length. Aronson clearly did his homework and writes with the thoroughness of someone who has researched and lived the subject. You might think that this book would have no value for those involved in trapping or wildlife control. But you would be mistaken. For many of the topics relevant to animal control also apply to wildlife control, if only by analogy. For instance Aronson notes that the cost of running an animal control program is approximately 4 dollars per person per year/ so if you’re looking to provide animal control services for a community, you should be looking to charge at least four dollars per person per year in your quote. His list of questions related to budgeting is a must read for beginning wildlife control operators who too often worry about the prevailing rate rather than determining what they need to charge to make a living. Elsewhere, Aronson provides a list of people and services that you should know about in order to properly service and refer your customers.

Though much of the book deals with principles rather than concrete specifics, Aronson provides numerous case studies to provide concrete illustrations of issues (and how to handle them). Though some may be fictional they are realistic enough to be applicable to many communities across the country. If you are or hope to do work for major corporations or municipalities, a careful reading of this book will provide an abundance of tips that will reduce the likelihood of your making a big error.

If you want this book to tell you what types of traps catch poles and vehicles to purchase this is not the book for you. This text is not about the nuts and bolts of performing animal control it is about the operational level and management issues involved in running animal control services in a community. But if you want to know pitfalls of contracts, handling workers, political issues, public relations, running audits, and the nuances of legislation and regulation than this book will not disappoint.

The book is available through Amazon.com. It is a bit expensive at around $40. But for those wildlife control operators willing to spend the time in its pages the cost will be more than worth it.

About the Author

Stephen M. Vantassel is a certified wildlife control operator who helps individuals, businesses, and agencies resolve wildlife damage issues through training, writing, expert witness, and research. His latest books are the Wildlife Damage Inspection Handbook, 3rd edition and The Practical Guide to the Control of Feral Cats. He can be contacted at wildlifecontrolconsultant at gmail dot com.

If you would like your publication, video, or product reviewed, please contact the author at the e-mail above.

Copyright

All postings are the property of Stephen M. Vantassel and Wildlife Control Consultant, LLC. Text (not images) may be reprinted in non-profit publications provided that the author and website URL is included. If images wish to be used, explicit and written permission must be obtained from Wildlife Control Consultant, LLC.